Curtis Barlow v. Alder Ray Nash, Amarillo Amigo Homes, LLC, and Firstbank Southwest ( 2024 )

In The Court of Appeals Seventh District of Texas at Amarillo No. 07-24-00065-CV CURTIS BARLOW, APPELLANT V. ALDER RAY NASH, AMARILLO AMIGO HOMES, LLC, AND FIRSTBANK SOUTHWEST, APPELLEES On Appeal from the 47th District Court Potter County, Texas Trial Court No. 110776-A-CV, Honorable Dee Johnson, Presiding July 29, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH, JJ. Appellant, Curtis Barlow, appeals from the trial court’s Final Judgment. We previously abated this appeal and remanded the cause to the trial court to permit proceedings necessary to effectuate the agreement of the parties. See TEX. R. APP. P. 42.1(a)(2)(C). Now pending before the Court is Barlow’s unopposed motion requesting reinstatement of the cause and voluntary dismissal of the appeal. The Court finds that the motion complies with the requirements of Rule of Appellate Procedure 42.1(a)(1) and that granting the motion will not prevent any party from seeking relief to which it would otherwise be entitled. As no decision of the Court has been delivered to date, we grant the motion, reinstate the cause, and dismiss the appeal. Because the motion does not reflect an agreement of the parties concerning the payment of costs, costs will be taxed against Barlow. See TEX. R. APP. P. 42.1(d). No motion for rehearing will be entertained and our mandate will issue forthwith. Per Curiam 2